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Editable draft for court 08-10-2021

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ATTORNEY Bar #(0000)
FIRM NAME
Attorneys for CLIENT
Street Address
City, State Zip
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
(Form provided courtesy of Lokken & Assoc.)
IN THE THIRD JUDICIAL DISTRICT JUVENILE COURT
IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
THE STATE OF UTAH, in the
interest of:
CHILD
(00/00/00)
A person(s) under the age
of eighteen years.
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MOTION AND ORDER TO HAVE
ADMISSIONS DEEMED ADMITTED
Case #
JUDGE
COMES NOW the Respondent, CLIENT, by and through counsel, ATTORNEY, of
FIRM, pursuant to UTAH RULES OF CIVIL PROCEDURE 36(A) and hereby moves this Court to
have the Admissions served upon the child's counsel on or about January 7, 2000, deemed
admitted. This motion is based upon the following Memorandum:
STATEMENT OF FACTS
1.
On January 7, 2000, Respondent counsel served via first-class postage-prepaid
mail a copy of the Request for Admissions upon the Petitioner. An original
mailing certificate was filed with this Court. (See Exhibit ~A~)
2.
On February 10, 2000, Respondent counsel received only an incomplete
document that was faxed, without notary signature and without proper answers as
mandated by the Rules. Therefore, Respondent has not received an answer or
objection from the Petitioner with regard to the Request for Admissions.
ARGUMENT
THE ADMISSIONS SHOULD
BE DEEMED ADMITTED
UTAH RULES OF CIVIL PROCEDURE 36(A) states as follows:
A party may service upon any other party a written request for the admission, for
purpose of the pending action only, of the truth of any matters within the scope of
Rule 26(b) set forth in the request that relate to statements or opinions of fact or
of the application of law to fact, including the genuineness of any documents
described in their request. ....... Each matter of which an admission is requested
shall be separately set forth. The matter is admitted unless, within thirty days
after service of the request, or within such shorter or longer time as the court may
allow, the party to whom the request is directed serves upon the party requesting
the admission a written answer or objection addressed to the matter, signed by the
party or by his attorney. . .
UTAH RULES OF CIVIL PROCEDURE 36(B) states that, "Any matter admitted under this
rule is conclusively established unless the court on motion permits withdrawal or amendment of
the admission." On January 7, 2000, Respondent counsel served via first-class postage-prepaid
mail a copy of Request for Admissions upon the Petitioner. An original certificate of service
was filed with this Court. (See Exhibit ~A~) The time set forth in Rule 36(a) above would
allow for an answer or objection to said Request for Admissions to be filed by February 10,
2000, by the Petitioner. As of February 11, 2000, Respondent counsel has not received a proper
answer or objection from the Petitioner with regard to this matter. As it states in Rule 36(b),
"...[t]he matter is admitted unless, within thirty days after service of the request, .... the party to
whom the request is directed serves upon the party requesting the admission a written answer or
objection addressed to the matter, signed by the party or by his attorney."
This court has a duty to deem the Admissions as having been admitted due to the failure
of the party to answer them in the time frame set forth in Rule 36(a). In Langeland v. Monarch
Motors, Inc., 952.P2d 1058, 1061 (Utah 1998), the Supreme Court of Utah stated the following:
The policy behind rule 36 concerning request for admission in to facilitate and
expedite the discovery process by allowing parties to obtain admissions as to
certain undisputed matters and thus avoid the effort and expense of having to
conduct discovery as to those matters. The penalty provided in rule 36(b),
automatically admitting and establishing requests not responded to within thirty
days, was conceived as a means of preventing abuse of the discovery process and
facilitating the smooth administration of justice. Requests for admission must be
taken seriously and answers or objections must be served promptly. The penalty
for delay or abuse is intentionally harsh, and the parties who fail to comply with
the procedural requirements of rule 36 should not lightly escape the consequences
of the rule.
The Supreme Court of Utah went on to say, "...the court will not come to the rescue of a
party who flagrantly ignores these rules at the expense of a party who attempts to conform with
them." Id. at 1064. The Petitioner has failed to appropriately file any objection or answer on his
client's behalf in this matter within the 30 days allotted by Rule 36, and the penalty set forth in
Rule 36(b) should apply.
EVEN IF PETITIONER HAD FILED IN A TIMELY MANNER
PETITIONER HAS NOT APPROPRIATELY RESPONDED
Petitioner’s response is wrought with vague objections pertaining to lack of information
or knowledge. By the responses, it is obvious that Petitioner was dilatory in his efforts to
appropriately answer the Request for Admissions.
UTAH RULES OF CIVIL PROCEDURE 36(A) requires:
. . .If an objection is made, the reasons therefor shall be stated. The
answer shall specifically deny the matter or set forth in detail the
reasons why the answering party cannot truthfully admit or deny the
matter. A denial shall fairly meet the substance of the requested
admission, and when good faith requires that a party qualify his
answer or deny only a part of the matter of which an admission is
requested, he shall specify so much of it as is true and qualify or deny
the remainder. An answering party may not give lack of information
or knowledge as a reason for failure to admit or deny unless he states
that he has made reasonable inquiry and that the information known
or readily obtainable by him is insufficient to enable him to admit or
deny. A party who considers that a matter of which an admission has
been requested presents a genuine issue for trial may not, on that
ground alone, object to the request; he may, subject to the provisions
of Rule 37(c), deny the matter or set forth reasons why he cannot
admit or deny it.
As stated previously Petitioner has failed entirely to comply with Rule 36. The answers
indicate an obvious lack of effort and a veiled attempt at minimal compliance due to Petitioner’s
own negligence.
FACSIMILE DOES NOT CONSTITUTE SERVICE
On February 10, 1999, Petitioner sent by facsimile an “Answer to Request for
Admissions.” UTAH RULES OF CIVIL PROCEDURES do not provide for service by facsimile.
Additionally, no certificate of service has been filed with the court.
CONCLUSION
THEREFORE, based upon the foregoing, Respondent respectfully requests that this
Court enter an order deeming Respondent's Request for Admissions served upon the Petitioner
this matter as admitted.
DATED this
day of
, 2000.
ATTORNEY
Attorney for CLIENT
CERTIFICATE OF MAILING
I hereby certify that on this
day of
, 2000, faxed and mailed,
first class postage prepaid, a true and correct copy of the foregoing Motion to Have Admissions
Deemed Admitted to:
STATE OF UTAH
ATTORNEY GENERAL'S OFFICE
GUARDIAN AD LITEM
ATTORNEY, Bar #(6600)
FIRM
Attorneys for CLIENT
Address
City, State Zip
Telephone: (000) 000-0000
Facsimile: (000) 000-0000
IN THE THIRD JUDICIAL DISTRICT JUVENILE COURT
IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
THE STATE OF UTAH, in the
interest of:
CHILD (00/00/00)
A person(s) under the age
of eighteen years.
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ORDER ON RESPONDENT'S
MOTION AND ORDER TO HAVE
ADMISSIONS DEEMED ADMITTED
Case #
Judge
Based upon Respondent's Motion to Have Admissions Deemed Admitted and for good
cause appearing, IT IS HEREBY ORDERED that Respondent's Request for Admissions served
on Petitioner are hereby deemed admitted for purposes of the above-entitled pending action.
DATED THIS
day of
, 2003.
Honorable Judge
Third District Juvenile Court
CERTIFICATE OF MAILING
I hereby certify that on this
day of
, 2000 faxed and mailed,
first class postage prepaid, a true and correct copy of the foregoing Order to:
STATE OF UTAH
ATTORNEY GENERAL'S OFFICE
GUARDIAN AD LITEM
Exhibit ~A~
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